When is a person considered to be in police custody?

When is a person considered to be in police custody?

• A. Arrested or deprived of freedom of action in any significant way
• B. Only when formally charged
• C. Anytime they are approached by an officer
• D. Only when held in a jail or station

Answer: (A)

Custody is about being not free to leave because the police have taken control of your freedom of action. It occurs when you are arrested or otherwise deprived of your freedom in a significant way. This is the moment when the rights advisement and the rules about interrogation come into play, because a reasonable person would feel they cannot walk away. Things like simply being approached by an officer or being asked a routine question don’t automatically mean you’re in custody, since you can often still leave or decline to answer. Custody isn’t limited to jail or a station; you can be in custody at the scene if you’re handcuffed or otherwise restrained and not free to leave.

Custody is about being not free to leave because the police have taken control of your freedom of action. It occurs when you are arrested or otherwise deprived of your freedom in a significant way. This is the moment when the rights advisement and the rules about interrogation come into play, because a reasonable person would feel they cannot walk away.

Things like simply being approached by an officer or being asked a routine question don’t automatically mean you’re in custody, since you can often still leave or decline to answer. Custody isn’t limited to jail or a station; you can be in custody at the scene if you’re handcuffed or otherwise restrained and not free to leave.